SB0176sam001 94TH GENERAL ASSEMBLY

Sen. George P. Shadid

Filed: 4/11/2005

09400SB0176sam001 LRB094 08664 NHT 44862 a

AMENDMENT TO SENATE BILL 176

AMENDMENT NO. ______. Amend Senate Bill 176 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 11A-2, 11A-8, and 12-11.1 as follows:

(105 ILCS 5/11A-2) (from Ch. 122, par. 11A-2)

Sec. 11A-2. Organization of community unit districts; territorial requirement. (1) Any contiguous and compact territory of at least $12,000,000 equalized assessed valuation and having a population of not less than 4,000 and not more than 500,000, no part of which is included within any unit district, may be organized into a community unit school district as provided in this Article; (2) the territory of 2 or more entire unit school districts that are contiguous to each other and the territory of which taken as a whole is compact may be organized into a community unit school district as provided in this Article; or (3) the territory of one or more entire unit school districts that are contiguous to each other plus any contiguous and compact territory, no part of which is included within any unit district, and the territory of which taken as a whole is compact may be organized into a community unit school district as provided in this Article; however, a petition or petitions may be filed hereunder proposing to divide a unit school district into 2 or more parts and proposing to include all of such parts in 2 or more community unit districts. As used in this Section, a unit school district includes, but is not limited to, a special charter unit school district.

The territory of any high school district and fewer than all of the elementary school districts included within the high school district may be organized into a community unit school district. Any such elementary school district not participating in the reorganization shall remain an elementary school district, and the territory of that elementary school district shall be designated a non-high school district pursuant to Article 12 of this Code.

The regional superintendent shall not accept for filing hereunder any petition which includes therein any territory already included as part of the territory described in another petition filed hereunder. Hearings on a petition filed hereunder shall not be commenced so long as any part of the territory described therein shall include territory described, whether by amendment or otherwise, in another petition filed hereunder. A petition may be filed hereunder which contains less than the required minimum equalized assessed valuation or population requirements provided that such a petition shall not be approved by the regional superintendent and State Superintendent unless it is determined: (1) that there is a compelling reason for granting the petition; (2) that the territory involved cannot currently be organized as part of a petition which meets the minimum requirements; (3) that the granting of the petition will not interfere with the ultimate reorganization of the territory into a school district which meets the minimum requirements; (4) that the granting of the petition is in the best educational interests of the pupils affected; and (5) that the granting of the petition is financially beneficial to the affected school districts.

(Source: P.A. 88-555, eff. 7-27-94.)

(105 ILCS 5/11A-8) (from Ch. 122, par. 11A-8)

Sec. 11A-8. Passage requirements.

(a) Except as otherwise provided by Section 11A-7, the proposition to create a community unit school district shall be submitted only to the voters of the territory which comprises the proposed community unit school district, and if a majority of the voters in each of the affected school districts voting at such election vote in favor of the establishment of such community unit school district, the proposition shall be deemed to have passed. However, if a majority of the voters in any affected school district fails to vote in favor of the proposition, then that district's refusal shall not prevent the other affected school districts' reorganization. If such reorganization occurs, then any elementary school district not participating in the reorganization shall remain an elementary school district, and the territory of that elementary school district shall be designated as a non-high school district pursuant to Article 12 of this Code. Unless the board of education of a new community unit school district is elected at the same election at which the proposition establishing that district is deemed to have passed, the regional superintendent of schools shall order an election to be held on the next regularly scheduled election date for the purpose of electing a board of education for that district. In either event, the board of education elected for a new community unit school district created under this Article shall consist of 7 members who shall have the terms and the powers and duties of school boards as defined in Article 10 of this Act. Nomination papers filed under this Section are not valid unless the candidate named therein files with the regional superintendent a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such statement shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. The regional superintendent shall perform the election duties assigned by law to the secretary of a school board for such election, and shall certify the officers and candidates therefor pursuant to the general election law.

(b) Except as otherwise provided in subsection (c), for school districts formed before January 1, 1975, if the territory of such district is greater than 2 congressional townships or 72 square miles, then not more than 3 board members may be selected from any one congressional township, but congressional townships of less than 100 inhabitants shall not be considered for the purpose of such mandatory board representation, and in any such community unit district where at least 75% but not more than 90% of the population is in one congressional township 4 board members shall be selected therefrom and 3 board members shall be selected from the rest of the district, but in any such community unit district where more than 90% of the population is in one congressional township all board members may be selected from one or more congressional townships; and whenever the territory of any community unit district shall consist of not more than 2 congressional townships or 72 square miles, but shall consist of more than one congressional township, or 36 square miles, outside of the corporate limits of any city, village or incorporated town within the school district, not more than 5 board members shall be selected from any city, village or incorporated town in such school district.

(c) The provisions of subsection (b) for mandatory board representation shall no longer apply to a community unit school district formed prior to January 1, 1975, and the members of the board of education shall be elected at large from within that school district and without restriction by area of residence within the district if both of the following conditions are met with respect to that district:

(1) A proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (b) for mandatory board representation is submitted to the school district's voters at a regular school election or at the general election as provided in this subsection (c).

(2) A majority of those voting at the election in each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition.

The board of education of the school district may by resolution order submitted or, upon the petition of the lesser of 2,500 or 5% of the school district's registered voters, shall order submitted to the school district's voters at a regular school election or at the general election the proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (b) for mandatory board representation; and the proposition shall thereupon be certified by the board's secretary for submission. If a majority of those voting at the election in each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition: (i) the proposition to elect board members at large and without restriction by area of residence within the district shall be deemed to have passed, (ii) new members of the board shall be elected at large and without restriction by area of residence within the district at the next regular school election, and (iii) the terms of office of the board members incumbent at the time the proposition is adopted shall expire when the new board members that are elected at large and without restriction by area of residence within the district have organized in accordance with Section 10-16. In a community unit school district that formerly elected its members under subsection (b) to successive terms not exceeding 4 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 4 years, and in a community unit school district that formerly elected its members under subsection (b) to successive terms not exceeding 6 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 6 years; provided, that in each case the terms of the board members initially elected at large and without restriction by area of residence within the district as provided in this subsection shall be staggered and determined in accordance with the provisions of Sections 10-10 and 10-16.

(Source: P.A. 89-129, eff. 7-14-95.)

(105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1)

Sec. 12-11.1. Tax levy.

(a) Except as otherwise provided in subsection (b) of this Section, levy Levy a tax annually upon all the taxable property of the district not to exceed 1% of value as equalized or assessed by the Department of Revenue, for the purpose of paying the tuition of all eighth-grade graduates residing within the district attending any recognized high school. The board of education of such nonhigh school district may by proper resolution cause a proposition to increase the annual tax rate for such purpose to be submitted to the voters of such district at any regular scheduled election. The rate shall not be increased at any single referendum more than 0.21% upon the value as equalized or assessed by the Department of Revenue for such purpose, and the maximum rate for such purpose shall not exceed 1.60%. Such amount shall be certified and returned to the county clerk on or before the last Tuesday in September of each year. The certificate shall be signed by the president and the secretary of the board and may be in the following form:

CERTIFICATE OF TAX LEVY

We hereby certify that we require the sum of .... dollars to be levied as a special tax to pay the tuition of graduates of the eighth grade residing in the nonhigh school district of .... County, on the equalized assessed valuation of the taxable property of our nonhigh school district.

Signed on (insert date).

A..... B....., President

C..... D....., Secretary

A failure to certify and return the certificate of tax levy to the county clerk in the time required shall not vitiate the assessment.

(b) In the case of a non-high school district formed pursuant to Article 11A of this Code, levy a tax at the rate at which residents were previously taxed by the associated high school district. All proceeds from this tax shall be paid to the unit school district to which the non-high school district sends its students. If in any year the yield of the tax is insufficient to cover the tuition charges, then an amount shall be added to the taxes extended within the non-high school district in the following year to repay the deficiency.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect July 1, 2005.".